Section 133 Federal Competition and Consumer Protection Act 2018

Section 133 of the Federal Competition and Consumer Protection Act 2018 is about Safety monitoring and recall. It is under Part XV (Consumers’ Rights) of the Act.

(1) The Commission shall promote the development, adoption and application of industry-wide codes of practice providing for effective and efficient systems to –

(a) receive notice of consumer complaints or reports of product failures, defects or hazards; the return of any goods because of a failure, defect or hazard personal injury, illness or damage to property caused wholly or partially as a result of a product failure, defect or hazard and other indication of failure, defect or hazard;
(b) monitor the sources of information contemplated in paragraph (a), and analyse the information received with the object of detecting or identifying any previously undetected or unrecognised potential risk to the public from the use of or exposure to those goods;

(c) conduct investigations into the nature, causes, extent and degree of the risk to the public;
(d) notify consumers of the nature, causes, extent and degree of the risk pertaining to those goods; and
(e) if particular goods are unsafe, recall those goods for repair, replacement or refund.

(2) Where the Commission has reasonable grounds to believe that any goods may be unsafe, or that there is a potential risk to the public from the continued use of or exposure to the goods, and the undertaking that produced, distributed or imported those goods has not taken any step required by an applicable code contemplated in subsection (1 ), the Commission, by written notice, may require that undertaking to recall the goods on any term required by the Commission.